National Film and Sound Archive Heritage Management Plan 2021

Overview

The National Film and Sound Archive Heritage Management Plan 2021 was introduced under the Environment Protection and Biodiversity Conservation Act 1999 to address the need for a comprehensive framework to protect and manage the Commonwealth Heritage values of the National Film and Sound Archive of Australia, specifically the Institute of Anatomy (former) located in Acton, ACT. Enacted by the Parliament of Australia, the primary objective of this legislation is to ensure that the National Film and Sound Archive of Australia adheres to the Commonwealth Heritage management principles while safeguarding its historical and cultural significance. The plan provides a detailed description of the site's history, physical elements, and condition, alongside operational requirements and policies for the future protection of its heritage values, ensuring compliance with the requirements under section 341S(4) of the Act.

Scope and Application

The National Film and Sound Archive Heritage Management Plan 2021 applies to the Commonwealth agency known as the National Film and Sound Archive of Australia (NFSA), which owns and controls the Commonwealth Heritage place listed as the Institute of Anatomy (former) at McCoy Circuit, Acton, Australian Capital Territory. This Heritage Management Plan was mandated under subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), requiring the NFSA to create a written plan to protect and manage the Commonwealth Heritage values of the place it owns or controls. The Plan was developed to provide a framework that will assist the NFSA in continuing to protect, conserve, and manage the identified Commonwealth Heritage values of the listed site. The geographic scope of the Act is limited to the Commonwealth Heritage place in question, located in the Australian Capital Territory. The Plan does not extend beyond the boundaries of this specific site and is tailored to address its unique heritage values. Additionally, the Plan must be reviewed within five years of its creation, as per section 341X of the EPBC Act, to ensure ongoing compliance and effectiveness in heritage management.

Key Provisions

The National Film and Sound Archive Heritage Management Plan 2021, as detailed in sections 341S(1) and 341S(4) of the Environment Protection and Biodiversity Conservation Act 1999, mandates the creation of a written plan by the National Film and Sound Archive (NFSA) to protect and manage the Commonwealth Heritage values of the heritage site it owns or controls. This plan, which commenced on the day after its registration on the Federal Register of Legislation, outlines a framework for the NFSA to continue to safeguard, conserve, and manage the identified Commonwealth Heritage values of the Institute of Anatomy (former). It provides a comprehensive description of the site's history, cultural significance, physical elements, and current condition, and sets out operational requirements and policies for future management and protection. The Heritage Management Plan must be reviewed within five years of its creation, as stipulated in section 341X of the Act. The Act imposes specific obligations on the NFSA to develop and implement the Heritage Management Plan, ensuring that it addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and adheres to the Commonwealth Heritage management principles. The NFSA is also required to consult with relevant stakeholders, including local heritage and architecture organisations, as outlined in section 341S(6)(b) of the Act and 10.03(c) of the Regulations. The NFSA must ensure that public comment is sought, as demonstrated by the notice posted on their website and direct approaches to stakeholders during the consultation period in June and July 2019. The absence of submissions does not negate the need for public consultation, as per the requirements of the Act. Additionally, the plan must be considered by the Australian Heritage Council, with advice provided to the delegate to the Minister for Agriculture, Water and the Environment, who must confirm that the plan addresses the prescribed matters. The Environment Protection and Biodiversity Conservation Act 1999 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the Heritage Management Plan. However, any failure to comply with the Act’s requirements for the management and protection of Commonwealth Heritage places could potentially result in enforcement actions under other relevant legislation, such as the Environment Protection and Biodiversity Conservation Act 1999 itself or other environmental and heritage protection laws. While the specific penalties for breaches are not detailed in the explanatory statement, non-compliance could lead to administrative, civil, or criminal sanctions depending on the nature and severity of the breach. The overarching goal of the legislation is to ensure the protection and management of heritage values, and any breaches may result in actions to rectify the non-compliance and restore adherence to the legislative requirements.